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Agenda and minutes

Northern Area Planning Sub-Committee
Wednesday 16 December 2009 2.00 pm

Venue: The Council Chamber, Brockington, 35 Hafod Road, Hereford

Contact: Ricky Clarke, Democratic Services Officer 

Items
No. Item

70.

APOLOGIES FOR ABSENCE

To receive apologies for absence.

Minutes:

Apologies for absence were received from Councillors LO Barnett, JP French, R Mills, RJ Phillips and JK Swinburne.

71.

DECLARATIONS OF INTEREST

To receive any declarations of interest by Members in respect of items on the Agenda.

72.

MINUTES pdf icon PDF 126 KB

To approve and sign the Minutes of the meeting held on 18 November 2009.

Minutes:

Counciloor WLS Bowen drew Members attention to minute item 67 and advised that he had supported the application on the grounds of the comments arising from the Inspector during the appeal. He wished it to be made clear that the inspector’s comments meant that a refusal would not be defensible at appeal. He also noted that the word ‘material’ had been omitted from condition 28 of the same minute.

 

RESOLVED:   That the Minutes of the meeting held on 18 November 2009 be approved as a correct record and signed by the Chairman subject to the amendments outlined above.

 

 

73.

ITEM FOR INFORMATION - APPEALS pdf icon PDF 67 KB

To be noted.

Minutes:

The Sub-Committee noted the Council’s current position in respect of planning appeals for the northern area of Herefordshire.

74.

DCNE2009/0425/F - HAYGROVE FARM, FALCON LANE, LEDBURY, HEREFORDSHIRE, HR8 2PY. pdf icon PDF 2 MB

the retention of polytunnels upon fields H, M, P, Q, R, W, X and Z together with the partial removal of polytunnels from fields F, G, I, K, L, M, Q, X and Z and a comprehensive landscaping scheme for the entire site.

Minutes:

the retention of polytunnels upon fields H, M, P, Q, R, W, X and Z together with the partial removal of polytunnels from fields F, G, I, K, L, M, Q, X and Z and a comprehensive landscaping scheme for the entire site.

 

The Principal Planning Officer reported the following updates:

 

A further letter of objection had been received from the occupier of 8 Aylton Court Barns. 

 

Correspondence had been received from local residents and their agent(s) with regard apparent discrepancies between figures in the various documents accompanying the application and the committee report. Whilst it was not considered critical in terms of the visual impact of the development as it was known what polytunnels were proposed to be removed and the detail of the landscaping scheme, it was very important in terms of the issue of flood risk. The reason is that the Water Management Audit prepared by the Hydrologist for the applicant had been prepared on information supplied by Haygrove as to the maximum area covered in polythene during the “summer months” and the maximum area covered in polythene during the “winter months”. The matter had been raised with Haygrove who had confirmed that the resultant coverage they sought was as set out in Table 1 of the Water Management Audit – Addendum #3 prepared by David Floyd dated October 2009 received 2 November 2009. It was this report that the Environment Agency had assessed / audited and come to the view that there would not be any undue flood risk. It was therefore important that the maximum polythene coverage reflected those figures and as such additional appropriate conditions were recommended (conditions 11 and 12).

 

For the avoidance of any doubt the applicant confirmed the position to be as follows:-

 

Present Maximum Coverage of Polythene during Winter months – 28.05 hectares

 

 (15.41 hectares lawful and 12.64 hectares unlawful)

 

Proposed Maximum Coverage of Polythene during Winter months – 27.03 hectares

 

Present Maximum Coverage of Polythene during summer months – 41.79 hectares (26.64 hectares lawful and 15.15 unlawful)

 

Proposed Maximum Coverage of Polythene during summer months – 40.61 hectares

 

Following receipt of the letter from the Environment Agency dated 10 November 2009 (Annexe 2 to Agenda Report); further letters of objection were received from the occupiers of ‘Prior Court’ and their Consultant Hydrologist. These further representations have been considered by the Environment Agency who confirmed that they do not object to the proposal subject to minor revisions to the recommended conditions. They also agree that two further conditions are required to address the issue of maximum polythene coverage.

 

The applicant had made various representations upon the detail of the recommended conditions. Most conditions remain unchanged, minor adjustments to some of them but also the deletion of recommended condition 7. It is understood that over the last 18 months the organic market has contracted significantly and the business has had to change rapidly to substrate cane fruit production. To perform commercially the Californian plants they use require their  ...  view the full minutes text for item 74.

75.

DMNC/092421/F - ORCHARD COURT, MAUND COURT, BODENHAM, HEREFORDSHIRE, HR1 3JA. pdf icon PDF 115 KB

Installation Of Two 11kw Gaia Wind Turbines Mounted On 18m Masts.

Minutes:

Installation Of Two 11kw Gaia Wind Turbines Mounted On 18m Masts.

 

The Principal Planning Officer reported the following:

 

An additional statement had been submitted by the applicant’s agent. Full details of which were contained within the Members Update Sheet circulated at the meeting.

 

Councillor KG Grumbley, the Local Ward Member, noted the objections raised by the local residents. He added that applications of this nature always caused concern to neighbouring residents and felt that it would be interesting to seek the views of objectors to similar applications that had been granted to monitor if their opinion had changed once the wind turbine had been in situe for a period of time. He welcomed condition 2 of the recommendation which restricted the colour of the wind turbine to pale grey.

 

RESOLVED

 

That planning permission be granted subject to the following conditions:

 

1          A01 Time limit for commencement (full permission)

 

2          Notwithstanding the plans hereby approved, the turbines shall be finished in a pale grey colour to be agreed in writing with the local planning authority prior to the commencement of development.  The turbines shall be finished in accordance with the approved colour prior to their first use.

 

Reason: To ensure the satisfactory appearance of the development and to minimise its visual impact in accordance with Policies DR1 and CF4 of the Herefordshire Unitary Development Plan.

 

Informatives:

 

1          N15 – Reason(s) for the Grant of Planning Permission

 

2          N19 – Avoidance of doubt – Approved Plans

76.

DMNE/092456/F - KNAPP FARM, PIXLEY, LEDBURY, HEREFORDSHIRE, HR8 2QB. pdf icon PDF 144 KB

Proposed:

(A) removal of condition 7 of planning permission DCNE1999/1653/F to allow for the open storage of polytunnel components, and other agricultural items, thus allowing their storage and distribution.

(B) The laying of an area of hardstanding amounting to approximately 3115 square metres.

(C) The retention of a building.

Minutes:

Proposed:

(A) removal of condition 7 of planning permission DCNE1999/1653/F to allow for the open storage of polytunnel components, and other agricultural items, thus allowing their storage and distribution.

(B) The laying of an area of hardstanding amounting to approximately 3115 square metres.

(C) The retention of a building.

 

The Principal Planning Officer reported the following:

 

A further letter of objection had been received from the occupier of 8 Aylton Court Barns.

 

Following receipt of the views of Amey Consulting upon the issue of land drainage, objections were received from the occupiers of ‘Priors Court’ and their Consultant Hydrologist. The Principal Planning Officer advised Members that those further objections had been considered by Amey consulting who remained satisfied with the proposals.

 

In accordance with the criteria for public speaking, Mr Berry spoke in objection to the application and Mr Thwaites spoke in support.

 

The Principal Planning Officer advised Members that there had been previous breaches of planning control on the site. He advised Members that a consultative committee had been put in place by Haygrove to deal with the concerns of the local residents.

 

Councillor PM Morgan, the Local Ward Member, noted the comments raised by the public speakers and felt that they had addressed all of the major issues in respect of the application. He felt that the open storage area was acceptable and also noted that the access road referred to was a considerable distance away from the nearest dwelling. She echoed the views of the Planning Officer regarding the importance of the acoustic barrier and stated that if planning permission were to be granted it was imperative that the applicants complied with all of the planning conditions.

 

RESOLVED

 

That planning permission be granted subject to the following conditions:

 

1          The existing building highlighted in pink on the plan attached to this decision notice shall not be demolished without the prior written consent of the Local Planning Authority.

 

Reason: To safeguard the occupiers of 'Pixley House' both within their house and garden from an undue level of noise.

 

2          Within three months from the date of this permission a straw bale acoustic barrier of 2.4 metres in height shall be erected in the position marked upon the plan received 29 September 2009.  Thereafter that acoustic barrier shall remain in-situ and shall be maintained to the satisfaction of the Local Planning Authority.

 

Reason: To ensure that the occupiers of the houses known as 'Knapp Farmhouse', 'Knapp Cottage' and 'Knappaway' enjoy a satisfactory level of quietude both within their houses and within their garden areas.

 

3          No machinery associated with any industrial process shall be operated outside the confines of the buildings highlighted in green on the plan attached to this decision notice.

 

Reason: To ensure that the occupiers of the houses known as 'Pixley House', Knapp Farmhouse', 'Knapp Cottage' and 'Knappaway' enjoy a satisfactory level of quietude both within their houses and within their gardens.

 

4          The open storage hereby  ...  view the full minutes text for item 76.

77.

DMNE09/2359/F - 88 BRIDGE STREET, LEDBURY, HEREFORDSHIRE, HR8 2AN. pdf icon PDF 125 KB

Proposed two storey three bedroom dwelling.

Minutes:

Proposed two storey three bedroom dwelling.

 

The Principal Planning Officer reported that the three objectors to the application had written to state that they maintained their objections.

 

In accordance with the criteria for public speaking Mr Lappage, representing Mr and Mrs Williams, spoke in objection to the application, and Mr Leeming, the applicant, spoke in support.

 

Councillor PW Watts, the Vice-Chairman speaking in his capacity of Local Ward Member, advised Members that he had visited the site and felt that the application was innovative and modern. He noted the concerns of the local residents but felt that the application should be approved.

 

RESOLVED

 

That planning permission be granted subject to the following conditions:

 

1          The development hereby permitted shall be begun within one year from the date of this decision notice.

 

Reason: To comply with the provisions of Section 91 (1) (b) of the Town and country Planning act 1990 (as amended) and to reflect the decision of the Local Planning authority on 4 March 2009 to suspend (effective from 1 April 2009) the requirements of the Local Planning Authority’s ‘Planning Obligations Supplementary Planning Document (February 2008) in relation to all employment developments falling within Classes B1, B2 and B8 of the Town and Country Planning Use Classes Order 1987 as amended by the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005, the employment element of any mixed use development and residential developments of five dwellings or less.

 

2          Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 as amended, including the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008, (or any order revoking and re-enacting that Order with or without modification), no development normally permitted by Classes A, B, C and D of Part 1 of Schedule 2 of Article 3 shall be carried out without the express consent of the Local Planning Authority.

 

Reason: To prevent an overdevelopment of the site, to safeguard the design approach and to safeguard the amenities of the occupiers of neighbouring dwellings.

 

3          Prior to commencement of the development hereby permitted the following matters shall be submitted to the Local Planning Authority for their written approval:-

 

           Written details and samples of all external materials

           Written details and samples of the surfacing materials to the vehicle parking spaces

           Written details of all proposed boundary treatments (i.e. siting, design (including height) and material)

 

The development shall not commence until the Local Planning Authority has given such written approval. The development shall be carried out in full accordance with the approved details and thereafter maintained as such.

 

Reason: To ensure a satisfactory appearance to the development.

 

4          Prior to the first occupation of the dwelling hereby permitted the vehicular driveway from Bridge Street and all four vehicle parking spaces shown upon the approved plans shall be provided and  thereafter be kept available, free of obstruction,  for the manoeuvring and parking of motor vehicles and shall not be used for  ...  view the full minutes text for item 77.

78.

DMNE09/2018/F - PLOT ADJACENT 4 THE CRESCENT, COLWALL, HEREFORDSHIRE, WR13 6QN. pdf icon PDF 130 KB

Construction of detached single storey dwelling.

Minutes:

Construction of detached single storey dwelling.

 

In accordance with the criteria for public speaking, Mr Langley, the applicant, spoke in support of the application.

 

Councillor RV Stockton, the local ward member, praised the case officer for the quality of the report. He noted that the application was submitted in accordance with the Unitary Development Plan and he supported it fully.

 

Councillor WLS Bowen felt that the proposed design was of a high standard but voiced his concerns in respect of infill development in rural areas.

 

RESOLVED

 

That planning permission be granted subject to the following conditions:

 

1          The development hereby permitted shall be begun within one year from the date of this decision notice.

 

Reason: To comply with the provisions of Section 91 (1) (b) of the Town and country Planning act 1990 (as amended) and to reflect the decision of the Local Planning authority on 4 March 2009 to suspend (effective from 1 April 2009) the requirements of the Local Planning Authority’s ‘Planning Obligations Supplementary Planning Document (February 2008) in relation to all employment developments falling within Classes B1, B2 and B8 of the Town and Country Planning Use Classes Order 1987 as amended by the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005, the employment element of any mixed use development and residential developments of five dwellings or less.

 

2          Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 as amended, including the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008, (or any order revoking and re-enacting that Order with or without modification), no development normally permitted by Classes A, B, C, D, E, F and G of Part 1 of Schedule 2 of Article 3 shall be carried out without the express consent of the Local Planning Authority.

 

Reason: To prevent an overdevelopment of the site and to safeguard the amenities of the occupiers of neighbouring dwellings.

 

3          Prior to commencement of the development hereby permitted the following matters shall be submitted to the Local Planning Authority for their written approval:-

 

           Written details and samples of all external materials

           Written details and samples of the surfacing materials to the vehicle parking spaces

           Written details of all proposed boundary treatments (i.e. siting, design (including height) and material)

 

The development shall not commence until the Local Planning Authority has given such written approval. The development shall be carried out in full accordance with the approved details and thereafter maintained as such.

 

Reason: To ensure a satisfactory appearance to the development.

 

4          Prior to the first occupation of the dwelling hereby permitted all three vehicle parking spaces shown upon the approved plans and the secure bicycle store attached to the dwelling shall be provided and  thereafter be kept available, free of obstruction,  for the parking of motor vehicles and storage of  bicycle(s) and shall not be used for any other purpose.

 

Reason: To ensure adequate off-street car vehicle parking in the interests of highway safety  ...  view the full minutes text for item 78.

79.

DMNW09/1988/F - LAND AT BRIDGE FARM, ALMELEY, HEREFORD, HR3 6LD. pdf icon PDF 139 KB

Erection of an agricultural workers dwelling to include garage and new access.

Minutes:

Erection of an agricultural workers dwelling to include garage and new access.

 

In accordance with the criteria for public speaking Mrs Morgan, the applicant, spoke in support of her application.

 

Councillor JW Hope MBE, the Chairman speaking in his capacity as Local Ward Member, noted that neither the Transport Manager nor Almeley Parish Council had objected to the application. He also advised Members that the application had met the financial tests required and that there was a long term genuine need for a dwelling on the site. He drew Members attention to the housing needs survey undertaken in the area and advised that 7 houses had been sold in Almeley between March 2008 and February 2009 at an average cost of £311,000. He felt that the applicant’s needed to live on site and therefore felt that the application should be approved contrary to the Officer’s recommendation.

 

Councillor WLS Bowen concurred with the points raised by the Chairman and moved that the application be approved.

 

Members discussed the application and felt that the proposed dwelling was not visually intrusive.  On balance they felt that subject to suitable conditions, to remove permitted development rights and to ensure that there was an agricultural tie, they were in support of the application.

 

RESOLVED

 

The Northern Area Planning Sub-Committee is minded to approve the application subject to the conditions set out below (and any further conditions felt to be necessary by the Head of Planning and Transportation) provided that the Head of Planning and Transportation does not refer the application to the Planning Committee.

 

1)      Agricultural Occupancy Condition

2)      Removal of Permitted Development Rights

 

If the Head of Planning and Transportation does not refer the application to the Planning Committee, officers named in the Scheme of Delegation to Officers be instructed to approve the application subject to such conditions referred to above.

 

[The Northern Team Leader advised members that he would not refer the application to the Head of Planning and Transportation subject to the inclusion of suitable conditions to restrict occupancy and removal of permitted development rights.]

 

80.

DMNW09/2160/F - HURSTLEY COURT, KINNERSLEY, HEREFORDSHIRE, HR3 6PD. pdf icon PDF 101 KB

Steel framed extension to existing cattle yards.

Minutes:

Steel framed extension to existing cattle yards.

 

Councillor JW Hope MBE, the Chairman speaking in his capacity of Local Ward Member, noted that suitable screening had been proposed through conditions and therefore moved the recommendation.

 

RESOLVED

 

That planning permission be granted subject to the following conditions:

 

1          A01 Time limit for commencement (full permission)

 

2          C07 Dark roof colouring (agricultural buildings)

 

3          G12 Hedgerow planting

 

4          G13 Tree planting.

 

5          G02 Retention of trees.

 

6          I20 Scheme of surface water drainage

 

INFORMATIVES:

 

1          N15 Reason(s) for the Grant of Planning Permission.

 

2          N19 Avoidance of doubt - Approved Plans

 

 

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